Berg & Moll Rechtsanwälte Avocats advise their clients in all areas of German, French and international business law pertaining to strategic, operational und legal issues of their business in Germany, France and internationally.
Audit, negotiation and drafting of business contracts in a large variety of areas
- Service contract
- Work contract
- Agents, agency, sales representative
- Selective or exclusive distribution agreement
- Contracts for the protection, distribution and commercialization of intellectual property rights, licences, trademarks
- Sale/purchase agreement, general terms and conditions (T&C, EULA, etc.), international sale of goods (CISG)
- New technology contract
- Commercial lease
- Real estate purchase contract
- Insurance contract
Termination of commercial relationships
Audit of the different options, prevention of unlawful termination, etc.
Legal management of e-commerce, digital communication and e-marketing
- Anti-competitive behavior
- Supply refusal, sales refusal, etc.
- Tied selling
- Unfair competition
- Advertising, comparative advertising
- Consumer rights
Analysing contractual and legal guarantees
Defect, product liability, etc.
Defining commercial strategies and implementing appropriate measures in the event of the company facing economic difficulties
International debt collection
For accounting and taxation matters, Berg & Moll Rechtsanwälte Avocats refer to a network of experts to offer integrated solutions.
Setting up business entities
Incorporation of national and foreign subsidiaries, branches and agencies, start-ups
Company formalities and drafting associated legal documents
By-laws, shareholder assembly, appointment/removal of directors and officers, approval of annual accounts, transfer of company seat, etc.
Structural and financial measures
Definition and management of structural and financial measures, company restructuring
Audit corporate governance
Company domiciliation, commercial lease, real estate purchase contract
Share capital increase/reduction, etc.
Demerger, M&A, change of corporate form
Audit, negotiation and drafting of business transfer agreements
Asset and share deals
Responsibility of directors and officers, D&O Insurance
If necessary, Berg & Moll Rechtsanwälte Avocats can refer to a network of partners – banks, auditors, accountants, tax advisors, notary public.
Merger & Acquisitions
Management of national and international transactions
- Strategy, legal due diligence, risk analysis
- Conduct of negotiations (non-disclosure agreement, letter of intent-LOI)
- Drafting of the transaction-related deeds (SPA, shareholder agreements, de-mergers, split-ups and spin-offs, asset and liability warranties, capital operations, company transformation, joint-venture)
- Company formalities (shareholder decisions, modification of by-laws, appointment/removal of directors and officers, etc.)
To ensure integrated and customized solutions for their clients with regard to tax and accounting issues, Berg & Moll Rechtsanwälte Avocats cooperate closely with experts in these particular fields.
Analysis, negotiation and drafting of employment contracts
Specific contracts, definite and indefinite duration, notice period, working hours, paid holidays, non-competition clause, bonus, expatriation, posting, etc.
Status of directors, managers, officers
Golden parachute, white collar crime, etc.
Termination of employment contracts
Dismissal, mutual termination agreement, etc.
Drafting of company agreements
International mobility of employees
Restructuring and M&A projects
Legal due diligence, collective redundancies, redundancy plan, transfer of business, outsourcing, etc.
Private International Law & EU-Law
Private international law resulting from international conventions and European Regulations (Vienna Convention – CISG, Rome Convention, Rome I Regulation, Brussels I and Brussels I recast Regulation, Lugano Convention, Hague Convention, etc.) is intended to be applied whenever a contractual relationship or a legal dispute presents an international dimension.
The objective is to asses with our clients appropriate legal and commercial strategies for their international business:
Drafting of contractual clauses
- Choice of the applicable law
- Choice of the applicable jurisdiction (state court/arbitral court)
Analysis and identification
- Applicable law and jurisdiction
- Procedural strategy in the absence of an applicable law clause and/or in the event of pathological clauses